As a concerned reader, you may have questions about the legal implications and next steps to take after a child has been involved in a car accident. While the health and safety of any child should always come first in such a traumatic situation, it is understandable that parents or guardians would want to know their rights and options for pursuing fair compensation.
You do not have to go through this difficult experience alone. An experienced personal injury law firm has the expertise and resources to thoroughly investigate the accident, determine liable parties, and fight to recover damages for all losses and costs on the child's behalf. With compassion and commitment to justice, the attorneys can handle the legal complexities so you can focus on your child's recovery. A Texas Car Accident Lawyer can help you get started.
What to Do if Your Child Is in a Car Accident in Texas
If your child is involved in a car accident in Texas, it's critical to take the proper steps to ensure their health, safety and legal rights. ### What to Do at the Accident Scene
First, check on your child and the other vehicle occupants immediately. Call 911 for emergency responders if anyone complains of injuries or is unconscious. Do not move anyone unless absolutely necessary.
Once emergency help has arrived, get your child's medical information to paramedics. Provide insurance details and driver's license and vehicle registration to the other driver(s). Do not admit fault or sign any documents.
Get contact information for witnesses and take photos of vehicle damage, license plates, the accident scene, and any visible injuries. Ask witnesses to provide written statements about what they observed.
Seeking Medical Care
Take your child for a medical evaluation as soon as possible, even if injuries seem minor. Adrenaline and shock can mask the severity. Seek follow-up care with your child's doctor and obtain copies of all medical records regarding diagnosis, testing, treatment, and bills.
Contacting an Attorney
Consult with an attorney experienced in handling child injury claims. They can advise you on the merits of your case, negotiate with insurance companies, and potentially file a lawsuit on your child's behalf to recover costs of medical care, pain and suffering, and other damages. With the right legal counsel, you can make sure your child's rights and best interests are protected after an accident.
Gathering Evidence After a Child's Car Accident
If a child has been in a car accident, it is critical to gather as much evidence as possible regarding the events leading up to and following the collision. As the child’s legal guardian, you will want to build a strong case to pursue damages from negligent parties.
Photographs
Take pictures of the vehicles involved, the accident scene, and the child’s injuries. Photographs provide visual documentation of the events in question and the severity of harm caused. Be sure to take photos from multiple angles.
Witness Statements
Obtain contact information and written or recorded statements from any witnesses to the accident. Their accounts can corroborate the sequence of events and assign fault. Ask witnesses to provide as much detail as possible about what they observed.
Medical Records
Collect records from emergency responders, hospitals, doctors, therapists, and any other medical professionals who treated the child. Medical documentation substantiates the child’s injuries and outlines recommended courses of treatment. These records also contain vital details that may impact a legal claim.
Police Report
Request a copy of the official police report which contains information from all parties involved as well as any citations issued. The report offers an important summary of the accident that can support or refute other evidence. Compare all details for consistency across statements and reports.
Gathering evidence in the immediate aftermath of a child’s accident is key. Speak with legal counsel regarding any other steps needed to build a compelling case. While the wellbeing of your child is top priority, time is of the essence in preserving the facts of the incident. With the guidance of medical and legal professionals, make sure no opportunity is missed to secure the child's rights and pursue fair compensation.
Seeing a Doctor and Documenting Your Child's Injuries
Seeing a doctor as soon as possible after your child’s car accident is critical. Their health and safety should be your top priority right now. Even if your child appears unharmed, internal injuries are not always immediately apparent. Have them thoroughly evaluated by a medical professional.
Visit the Emergency Room
Take your child to the nearest emergency room or call 911 for emergency responders to transport them. Doctors can properly assess them for any internal bleeding or organ damage using CT scans, MRIs and other diagnostic tests. Seek emergency care right away, do not delay.
Document All Injuries
Ask the physicians examining your child to document all injuries in their medical records, no matter how minor. Take photographs of any visible injuries, scrapes, bruises or lacerations for your records as well. These documents will be important evidence should you pursue legal action.
Follow Up with Specialists
In the days and weeks following the accident, schedule follow up appointments with appropriate specialists based on your child’s injuries. For example, see an orthopedic doctor for broken bones or spinal injuries, or a neurologist for head trauma or brain injuries. Closely monitor your child for symptoms that could indicate internal damage or bleeding that was not detected initially.
Keep Records
Maintain records of all medical expenses, bills, receipts, and other costs related to the accident and your child’s injuries. These records may be necessary to pursue compensation for your financial losses. You should also keep a written log of events, doctor visits, symptoms noticed, and your child’s recovery process. All of these records can help in negotiating a settlement with insurance companies or in court.
The health of your child comes before any legal or insurance matters following a car accident. Seek proper medical care right away and follow all doctors’ recommendations for treatment and recovery. Keep detailed records, but try to also remain patient through what will likely be a difficult time. With the right treatment and support, most children are able to recover fully from even serious accident injuries.
Understanding Liability in a Child's Car Accident Case
Understanding Liability in a Child's Car Accident Case
As the parent or guardian of a child injured in a car accident, you will want to determine who is liable for the incident. Liability refers to the responsibility of the parties involved in the collision. In some cases, liability may lie with:
- The driver of the vehicle your child was riding in. If the driver was negligent or reckless, they could be held liable. Negligence could include speeding, drunk driving, distracted driving or other irresponsible behaviors behind the wheel.
- The driver of the other vehicle. If the other motorist caused the crash due to negligent or reckless actions, they would likely be considered liable. The same types of irresponsible driving that could implicate the driver of your child's vehicle would apply here as well.
- A vehicle manufacturer or mechanic. In rare cases, a defect in one of the vehicles or improper repairs could contribute to an accident. If proven, the manufacturer or mechanic may share some liability.
- Government entities. Poor road design, lack of proper signage, missing guardrails or other hazardous road conditions could potentially contribute to a crash involving a child. The local department of transportation could face liability in such a situation.
To build a strong case, work with a personal injury attorney who has experience handling car accident cases involving minors. They can conduct a thorough investigation to determine the cause of the crash and identify all potentially liable parties. An experienced attorney can also help ensure your child receives fair compensation for any injuries sustained. While no amount of money can undo the trauma of a car accident, it can help pay for medical bills, physical therapy, and other necessary care.
Finding the Best Texas Car Accident Lawyer for Your Child
When looking for legal representation for your child after a car accident in Texas, finding an experienced attorney is crucial. Consider the following factors to determine the best lawyer for your needs:
Experience Handling Car Accident Cases
Look for a lawyer with years of experience handling car accident cases, specifically those involving children. An attorney well-versed in this area of law will understand the complexities of your child’s case and be able to build a strong claim for compensation.
Focus on Personal Injury Law
Seek out a lawyer who focuses their practice on personal injury law. These attorneys stay up-to-date with the latest laws and litigation strategies to get clients the maximum settlement. They also have extensive experience negotiating with insurance companies.
Free Initial Consultation
Reputable Texas car accident lawyers will offer a free initial consultation. This first meeting allows you to discuss the details of your child’s accident, evaluate the lawyer’s experience, and determine if they are the right fit for your needs before committing to their services.
Contingency Fee Basis
The top personal injury law firms work on a contingency fee basis. This means there are no upfront costs to you. The lawyer receives payment only if they win your child’s case. Their fees come out of the final settlement amount. This arrangement ensures the lawyer will work diligently to get your child the compensation they deserve.
Reviews and References
Check online reviews from former clients to gage the lawyer’s reputation and track record of success. Ask the lawyer for references from past child car accident clients as well. Speaking with others who have used their services can give you peace of mind in your decision.
Following these guidelines will help you find a Texas personal injury lawyer with the experience and dedication to get your child the maximum settlement possible after a car accident. Take the time to research thoroughly and choose a lawyer you trust to handle your child’s important case.
Fletcher Law Texas Injury Lawyers Have Experience To Help
The experienced attorneys at Fletcher Law have handled hundreds of car accident cases in Texas and understand the challenges families face after a serious crash. Our firm has the knowledge and resources to investigate your accident, determine fault, and pursue maximum compensation for your injuries and other losses.
Proven Track Record of Success
For over two decades, Fletcher Law has fought for the rights of car accident victims across Texas. We have secured substantial settlements and jury verdicts for clients in cases involving:
- Drunk or distracted driving
- Speeding and reckless behavior
- Defective vehicle parts
- Uninsured/underinsured motorists
Our attorneys are intimately familiar with Texas car accident laws and procedures. We know how to build a strong case to prove negligence and liability, even in complex situations.
Aggressive Yet Compassionate Representation
At Fletcher Law, we take an aggressive approach to holding at-fault parties accountable for the harm they cause. However, we also recognize that our clients have been through traumatic experiences. We handle each case with the compassion and sensitivity it deserves. Our attorneys get to know our clients and their families on a personal level so we can provide counsel and support beyond the legal issues.
Contingency Fee Arrangements
We believe everyone has the right to strong legal counsel after an accident, regardless of their ability to pay high legal fees upfront. That is why we offer contingency fee arrangements for car accident cases. We do not charge any attorneys' fees unless and until we secure compensation for your claim. Our fee is a percentage of the total settlement amount. If we are unable to recover damages for your case, you owe us nothing.
The team at Fletcher Law Texas Injury Lawyers has the experience, skills, and dedication to help you pursue justice and financial security after a car accident. For a free case review, contact us today.
Conclusion
In summary, if your child has been injured in an auto accident, it is critical to take immediate action to protect their health and legal rights. Seek medical care right away and contact the local authorities to report the incident. You should also consult with a personal injury attorney experienced in child injury cases. They can advise you on next steps to hold the at-fault parties accountable, access insurance benefits, and recover damages for pain and suffering, medical bills, and other losses. Your child's future is at stake, so don't delay in pursuing justice and fair compensation on their behalf. With the guidance of legal counsel, you can make sure your child's needs are fully addressed so they can heal and move on from this traumatic event. Call Fletcher Law for help today.